On Thursday, January 9, 2025, The Florida Bar filed a formal complaint against attorney David Robert Heil, alleging serious violations of professional conduct. The complaint was submitted to the Supreme Court of Florida and outlines a series of misconduct claims.
The case is entitled “The Florida Bar v. David Robert Heil,” with case no. 2023-30,539(9A).
The charges cited Rules Regulating the Florida Bar 3-4.3, 4-1.2(a), 4-1.3, 4-1.4(a), 4-1.4(b), 4-1.7(a), 4-1.16(d), and 4-8.4(c).
According to the complaint, in 2016, Heil represented clients Reinaldo Rodriguez and Maria Batista in an insurance claim against First Liberty Insurance Corporation, which had denied coverage for water damage to their home. The complaint claims that Heil neglected his duties by not adequately communicating with his clients and by failing to secure their written consent regarding a conflict of interest. This conflict arose when he prioritized obtaining payment from the insurer for his contractor client, Speed Dry, Inc., over his obligations to Rodriguez and Batista.
The complaint details that in October 2016, Rodriguez and Batista engaged Heil’s services after their insurance claim was denied. They were referred to Speed Dry, and although Heil suggested that the contractor would assist in their case, he allegedly failed to disclose that he had been representing Speed Dry since 2001 and had drafted the assignment of benefits (AOB) document that they were asked to sign.
Heil’s communications with his clients reportedly included misrepresentations about the status of their case. For instance, he assured them that he had submitted a repair estimate to First Liberty, while the insurer later indicated that it had not heard from him for an extended period. In fact, for two years, Heil is accused of neglecting to take any meaningful action on the claim, despite receiving payments from First Liberty for services rendered to Speed Dry.
The complaint states that Rodriguez and Batista learned that payments totaling $9,222.80 had been made to Speed Dry, along with $5,800.00 to Heil as legal fees. They were allegedly misled by Heil into believing that these payments indicated progress toward resolving their claim, despite their home remaining unrepaired.
In January 2020, Rodriguez and Batista sought updates from Heil, who informed them that he was still in contact with the insurance claims adjustor and intended to wait before filing a lawsuit. However, in 2021, they were left unaware of significant developments, including Heil’s decision to file suit on behalf of Speed Dry without informing them. This action was taken under the alleged AOB, which they disputed signing.
The complaint further alleges that Heil closed their file without notifying them when First Liberty invoked appraisal in 2018, claiming that he was not involved in that process. Rodriguez and Batista denied ever receiving a letter Heil purportedly sent, which stated that he was closing their case due to the appraisal process.
By February 2023, Rodriguez and Batista requested Heil to inform First Liberty that he no longer represented them. He responded, stating that he had only represented Speed Dry, further complicating their understanding of their legal standing.
The complaint cites multiple violations of the Rules Regulating The Florida Bar, including misconduct, conflict of interest, failure to communicate, and lack of diligence. Specifically, the allegations point to violations of standards that require attorneys to keep clients informed, seek informed consent regarding conflicts of interest, and act with reasonable diligence in representing clients.
The complaint states:
“The Florida Bar respectfully requests that this Court appropriately discipline respondent under the Rules Regulating The Florida Bar.”
According to avvo.com, Mr. Heil is a personal injury attorney in Winter Park, Florida. He attended the Stetson University College of Law, graduating in 1984. He acquired his law license in Florida in the same year.
A copy of the original filing can be found here.
